Posts in Category: trademarks

Rubik’s Cube Rattled after EU Trademark Battle

  • 10th Nov 2016
  • News

The European Court of Justice (ECJ) has abolished the trademark protection for the so-called Rubik cube. Technical features like the rotatability of the cube parts can not be protected by a trademark, the ECJ ruled in a judgment announced on Thursday. The Rubik cube was invented several

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What constitutes trademark infringement?

If a party owns the rights to a particular trademark, that party can sue subsequent parties for trademark infringement. The standard rule is “likelihood of confusion.” To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to

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Difference between Goods and Services

What is the difference between goods and service ?

Goods are products, such as motor cycle or tyres. Services are activies performed for the benefit of someone else such as motor cycle renting service.

The thin difference between them is whether customer paying for the product or paying you to perform activity.

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Trump sued Kotak Mahindra Bank in 2010

Did you know the Presidential candidate Mr.Donald Trump once sued Kotak Mahindra Bank in the Delhi High Court ?

The dispute was relating to when Kotak bank was trying to sell their Product as “Kotak Trump Card”. Though there was no interim order granted by the Delhi High Court, the matter

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When can your trademarks right be Lost

The rights to a trademark can be lost through abandonment, improper licensing or assignment, or genericity. A trademark is abandoned when its use is discontinued with an intent not to resume its use. Such intent can be inferred from the circumstances. Moreover, non-use of trademark can be prima facie evidence

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Strong Mark vs Weak Mark

Trademark protection is based on a strength of the name and colours. Distinctive trademarks are strong and protectable. Trademarks that are not distinctive or unique are weak and cannot be registered or protected unless the trademark owners create awareness among the consumer.

Strong marks are names which are coined like PEPSI,

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